HARRIS COUNTY, Texas (KTRK) -- All charges have been dismissed against a tow truck driver accused of causing a crash that resulted in the death of a baby boy in northwest Harris County last year, according to court records.
Court documents read there was insufficient evidence to prove the guilt of Jose Luna, who was accused of speeding and slamming into the back of a Nissan sedan carrying 5-month-old Ulysses Romero and his parents on their way to a relative's home on Feb. 13, 2022.
ORIGINAL REPORT: Tow truck driver involved in crash that killed baby faces vehicular manslaughter charge
It happened at a red light on West Little York and Cunningham at about 10:15 a.m.
The crash's impact propelled the car into a ditch, injuring the mother and Ulysses. Both were taken to Memorial Hermann, where the child died from his injuries.
Early on, the Harris County District Attorney's Office believed Luna was speeding before the crash, and there were no signs of him trying to use his brakes. Subsequently, Luna was charged with aggravated assault causing serious bodily injury and vehicular manslaughter.
Last week, the charges were dismissed.
"We were shocked. We didn't think it would be let go so easily," Elizabeth Linares, the baby's maternal aunt, said. "I don't think it's right."
Luna's attorney said the Harris County District Attorney's office did the right thing. Ron Johnson said the tow truck's data showed the truck, which was owned and maintained by Classic Towing, had mechanical issues and that Luna did try to brake.
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"He took his foot off the gas and hit the brake, and that wrecker should have stopped, and it didn't," Johnson said.
He added the data also showed Luna was not speeding. He was not impaired or texting either.
"Just because there's a horrific result, doesn't mean someone committed a crime," Johnson said.
The baby's parents are still suing the tow truck company and Luna for wrongful death. An attorney for Classic Towing, LLC did not immediately respond to a request for comment.
"Money wasn't going to replace anything," Linares explained. "Him (Luna) going to jail wasn't going to do anything, but it was at least going to bring some peace, knowing that the State did justice. It seems like another case where the system fails."
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Luna was fired from Classic Towing, which told ABC13 last year that all drivers must undergo multiple background checks to become licensed.
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